Car Accident Ticket dismissed
When you decide to fight a traffic ticket, it's important to develop a traffic court strategy that stands a chance of being successful. There are no two cases alike. Accordingly, the strategy that will give you the best chance of beating your ticket will depend on which traffic law you are accused of violating and the specific circumstances of your case.
Understanding how an offense is defined by law is vital to a successful defense in traffic court, regardless of what violation you are accused of.
The first step in this case is to find out what law you are accused of breaking. When a ticket is issued, the officer usually writes the common name of the offense (such as "speeding" or "red light violation") and several code sections (such as "Vehicle Code section 22354"). You shouldn't have any problems finding the text of the law by doing an internet search. You can then start thinking about different defenses once you've found the statute.
Generally speaking, to prove a conviction, the state has to disprove the elements found in the statute. It may be necessary to prove two elements in order to prove distracted driving: 1) the person was driving and 2) they were using a prohibited electronic device (like a cellphone). If the state cannot prove even one element of the offense you've been charged with, the judge is supposed to find you not guilty. You should probably point out any deficiency in the evidence if you believe it is weak or absent as to a particular element.
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If you have any questions or need help with your Traffic Ticket, DUI, DWI, Criminal Case, Auto Accident or any other related questions, just give us a call at 425-278-9922 or email us at ken@myticketdismissed.com.